United Planet
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I. General Provisions

1.

United Planet GmbH ("United Planet") operates the Intrexx Application Store ("Service"). This Service allows the purchaser to purchase, in accordance with these Terms of Use, various software products, in particular applications or layout templates for the Intrexx software ("Products").

2.

United Planet offers the use of this Service exclusively for companies and statutory corporations. By clicking the button ("Submit"), the purchaser confirms that in using this service, he or she is acting as or on behalf of a company (i.e. in a corporate capacity or in a capacity as a self-employed professional) or on behalf of a statutory corporation.

3.

These Terms of Use contain the conclusive, applicable terms of use between United Planet as the operator of the Service and the purchaser for the use of the Intrexx Application Store (utilization relationship, see II below), the terms between the software providers and purchasers (transaction relationship, see III below), the joint terms applicable for both the utilization and transaction relationships (Joint Terms and Conditions, see IV below), as well as the provisions in the Annex (V).

Terms from the purchaser that deviate from these Terms of Use or alterations to these Terms of Use on the part of the purchaser, are excluded.

United Planet reserves the right to change the Terms of Use at any time, in particular to update, amend, expand or terminate. A termination shall have no effect on products which the purchaser purchased via the Service. Changes will be disclosed to the purchaser and will become immediately active under condition of acceptance. In the case that the changes are refused, United Planet is legally entitled to cancel this agreement and to halt any further business via the Service.

4.

By placing a check in the checkbox "I accept the terms of use for the Intrexx Application Store," the purchaser acknowledges these Terms of Use.

II. Utilization Relationship

1. Object of Service

By using this Service, United Planet enables the purchaser to purchase products from various software providers.

The software providers are

2. Usage of the Service

a)
The purchaser must register and create an account. Registration is not a right. Only the purchaser him/herself is authorised to use the account. The purchaser agrees to keep all access data, passwords etc. confidential. The purchaser must inform United Planet of any unauthorised use of the account or other activity that may compromise the security or confidentiality of the account without delay. For damages arising from unauthorized use of the account, United Planet assumes liability only to the extent given in the liability clause contained in section I no. 4c of these terms.

b)
The information provided by the purchaser during registration must be truthful and complete, and must be updated without delay if a change is made to the relationship. The purchaser declares that he or she agrees to the storage and usage of this data (including payment card information) by United Planet, to the extent that this is necessary for managing the account and processing payment transactions.

c)
As operator of the Service, United Planet is legally entitled to verify the validity of the method of payment at any time. This may result in a temporary interruption of access to the Service.

Depending on the payment method specified, United Planet is entitled to charge the payment card or a Click&Buy account of the purchaser for the payment of the products as well as the payment of all costs and fees which arise in connection with the use of the account and the payment of acquired products.

d)
United Planet reserves the right to change the prices and availability of products at any time with effect on the purchaser's future purchases.

United Planet reserves the right to change or restrict without prior notification access to products and other offers of the Service (including blocking or deletion), with effect on future purchases. United Planet assumes no liability for changing or restricting access.

e)
As operator of the Service, United Planet assumes no guarantee for the product descriptions provided within the Service.

f)
The purchaser is forbidden from circumventing or manipulating, either directly or through a third party, the security measures and/or the software which is part of the Service.

United Planet or contractual partners of United Planet retain all rights to the Service, in particular copyrights to the Service and its contents, including design, layout, postings, links, etc. Usage of the Service or parts thereof beyond the usage prescribed here is forbidden and may lead to civil action or public prosecution.

The purchaser is also forbidden from either gratuitously or non gratuitously distributing the Service, either in whole or in part, or from creating new objects based on the Service, or from reproducing the Service or from violating in any other way the copyright and/or other rights of United Planet to the Service.

g)
United Planet, the United Planet logo, Intrexx and the Intrexx logo and other trademarks, service trademarks, graphics and logos of United Planet which are used in connection with the Service are trademarks or pending trademarks of United Planet, in Germany and/or in other countries. Other trademarks, service trademarks, graphics and logos which are used in connection with the Service are, where applicable, trademarks of their respective legal proprietors. The contractual partner has no right to or license for the aforementioned trademarks or usage of these trademarks.

h)
Insofar as the purchaser uses the interactive contents of the Service, this is done solely at the purchaser's own risk. Insofar as the purchaser, through interactive usage, makes information available to the Service or other users, this information may not compromise any possible rights of third parties or violate any legal provisions. The purchaser agrees to provide the Service with accurate and full disclosure regarding information entered in the Service by the purchaser. Within the scope of interactive usage, the purchaser may only make information available to which he or she has the necessary rights; at the same time the purchaser grants United Planet the global, but not exclusive, right to use this information in connection with the Service.

United Plant reserves the right, with no liability, to delete, change or not to publish the contractual partner's information in the interactive content as it sees fit.

3. Termination of the Service

a)
The purchaser can terminate his or her user account at any time by deleting it.

b)
United Planet can terminate the purchaser's user account at any time with a period of notice of two weeks.

c)
The right to extraordinary termination for an important reason remains unaffected for both United Planet and the purchaser. An important reason exists for United Planet if the purchaser significantly violates his or her obligations associated with use of the Service or the purchase of a product, especially in the case of providing false data and/or failure to fulfil payment obligations.

4. Liability of United Planet

a)
As operator of the Service, United Planet shall act with due diligence. United Planet does not make any assurances or guarantees regarding the operation of the Service. The purchaser is solely responsible for the hardware and software necessary for use of the Service, as well as for access to and saving of data.

In the case that a transaction is completed and the purchaser has purchased products from a software provider via the Service, the purchaser is solely responsible for saving and backing up the purchased products. The purchaser is also solely responsible for ensuring the availability of further software and hardware products which may be necessary to use the purchased product.

b)
The purchaser's claims to compensation for damages or compensation for futile expenditure incurred are prescribed by the following clauses, regardless of the legal nature of the claim:

aa) For damages arising from death, bodily injury or damage to health, the relevant legal provisions apply.

bb) For all other liability claims, United Planet is liable without limitation only in the event of intent and gross negligence including on the part of its legal representatives and management. United Planet assumes the liability of other vicarious agents only to the extent described in paragraph cc) of this liability clause regarding liability for slight negligence.

cc) For slight negligence, United Planet assumes liability only insofar as an obligation which has special importance for fulfillment of the contract (cardinal duty). If the cardinal duty is violated, liability is limited to damages which are typically foreseeable when signing this agreement.

dd) United Planet is liable for the loss of data according to the preceding paragraphs only if such a loss of data could not have been avoided by appropriate measures to back up the data on the part of the purchaser.

ee) The preceding provisions also apply for the benefit of employees of United Planet.

ff) Liability according to the German Product Liability Act (section 14 "Produkthaftungsgesetz" – ProdHG) remains unaffected.

gg) United Planet assumes no liability for disruptions in the distribution network that are not the fault of United Planet.

hh) United Planet assumes no liability for temporary interruptions in access to the Service caused by verification of the method of payment (II no. 2 c and III 4 c).

ii) Insofar as the Service allows redirection to databases, websites, services, etc. of a third party, e.g. through the creation of links or hyperlinks, United Planet assumes neither liability for the accessibility, existence or security of the databases or services, nor for the contents of the same. In particular, United Planet assumes no liability for their legality, completeness, currency, accuracy of their content, etc. United Planet assumes no responsibility for third party content which the purchaser may encounter while using the Service and which he or she may find offensive, inappropriate or objectionable. This applies regardless of whether the contents are appropriately identified as such; in this regard the purchaser uses the Service at his or her own responsibility.

c)
Express notice: In the event that a transaction is completed and the purchaser acquires a product from a software provider via the Service, a contract according to the conditions specifically defined in III. and IV. is formed between the software provider and the purchaser. All contractual rights, in particular warranty and possible damage compensation claims, exist solely between the purchaser and the software provider. If the software provider is United Planet, the contract specifically defined in III. and IV. therefore exists between United Planet and the purchaser. Beyond these case-specific, contractual claims between United Planet and the purchaser, United Planet, in its nature as operator of the Service, provides no warranty and/or liability for

5. Data Security and Declaration of Data Privacy

a)
The Service is secured to a level consistent with the state of the art; however the purchaser acknowledges that for all participants the risk exists that transmitted data may be intercepted along the transmission path. This applies not only to information exchanged by email which leave the system, but also for all other transmitted data. The confidentiality of data transmitted during use of the Service can therefore not be guaranteed.

b)
Data helps United Planet to individualise and continuously improve the Service. United Planet uses this data for the processing of orders, delivering of goods, rendering of services as well as the processing of payment (also for necessary verification in case of purchase on account). The data is also used to inform about orders, products, services and marketing offers; to update records and to keep and maintain customer accounts; as well as to create content (such as wish lists or customer reviews) and recommend products and services which might interest the user. United Planet also uses the data to improve the Service, to prevent and discover misuse (in particular fraud) or to enable third parties to carry out technical, logistical or other services on behalf of United Planet.

III. Transaction Relationship

1. Software Provider

It is specified in the Service whether a product is from United Planet or from a third-party provider.

If United Planet is not explicitly stated as the software provider for a product, United Planet is not the software provider for this product.

2. Conclusion of the Contract

a)
If the purchaser acquires a product from United Planet via the Service, a contractual relationship with United Planet is established.

b)
If the purchaser acquires a product from a third party provider via the Service, a contractual relationship is established exclusively with the third party provider subject to the terms of use prescribed here. The purchaser hereby expressly agrees that United Planet, as operator of the Service, is acting only as the commission agent for the third party provider, is not party to the contract and is therefore not liable for possible claims by the purchaser from or in connection with the contract for the acquired product.

c)
These terms apply equally to the purchase of software via the Service from United Planet as well as from third party providers. If however there exist separate contractual agreements between the purchaser and the third party provider or the owner of the rights to the product, these separate agreements apply exclusively; the purchaser does not additionally acquire any further rights through the transaction via the Service.

In the case that the contractual partner requires further hardware/software to use the product, the contractual partner is solely responsible for this.

3. Prices

The price of the products is given in the product display in the service. They do not include statutory value added tax. If purchases are subject to statutory value added tax, this is calculated and added in the shopping basket.

4. Payment

a)
The price is payable immediately upon conclusion of the contract.

b)
The purchaser can complete payment either using credit or other payment cards or using the purchaser's Click&Buy account. United Planet is entitled to secure a pre-authorization up to the value of the order from the credit card or payment card institute or the Click&Buy provider. The credit card, payment card or Click&Buy account of the purchaser is then charged at the time of purchase or shortly thereafter.

Gift vouchers from the United Planet Application Store are also accepted. If credit from Intrexx Application Store gift vouchers or credit on credit accounts are used for purchases in the Intrexx Application Store, the amount is deducted from the respective account (by individual case) of the contractual partner at the time of purchase. If the total value of the order exceeds the credit on the gift vouchers or credit accounts, the remaining amount is charged to the credit card, payment card or Click&Buy account.

If a transaction is refused online due to credit card or payment card problems, or due to difficulties with the purchaser's Click&Buy account, it is the purchaser's responsibility to ensure that all data is entered correctly and place the order again. If the transaction is not accepted online, the respective card/Click&Buy account cannot be used for the transaction. In this case, the purchaser must use another payment card.

c)
United Planet may charge the payment card or Click&Buy account of the purchaser for payment of the products as well as payment of other costs (incl. default interest and applicable taxes) which are incurred in connection with the purchase. The charge is made to the payment card or Click&Buy account which the purchaser entered as the method of payment during registration. The purchaser is responsible for prompt payment. He must provide United Planet with accurate, complete and current information regarding the payment card and/or Click&Buy account. Changes must be performed by the purchaser online in the "Account Information" area. Temporary interruptions in the Service can result while United Planet verifies changes or the method of payment.

5. Delivery

Delivery of the product occurs exclusively by downloading on the part of the purchaser.

6. Rights of Use

a)
Through purchase of the product, the purchaser obtains the following rights of use to the product:

The purchaser obtains the right to commercial use of the product in a properly licensed productive Intrexx environment (physical or virtual server) provided that the user licenses for operation of an Intrexx portal were obtained lawfully and that the portal is operated in real time.
Additionally, the purchaser may employ the product in his test environment for the productive Intrexx server exclusively for purposes of testing. The use of the product must be in accord with the provisions contained in the Terms of Use for the Intrexx Application Store.

b)
Transfer of the rights of use is hereby expressly excluded.

c)
It is forbidden for the purchaser to sell, rent, lease or further distribute the product. Sublicensing is excluded. The purchaser is further prohibited from whole or partial reproduction of the product unless this is explicitly permitted within the scope of this agreement; the purchaser is also prohibited from altering or reverse engineering the product or creating new objects based on the product, except for the purchaser's own operational use. This does not apply in the case that mandatory legal provisions stipulate otherwise, or if open-source components contained in the product are subject to license conditions which stipulate otherwise.

d)
These provisions regarding usage rights also apply for all upgrades of the product, unless the upgrade is subject to different agreements.

e)
The software provider retains all rights not expressly granted to the purchaser. All other use of the product may be considered a rights violation, in particular a copyright violation.

f)
If the purchaser violates the provisions regarding usage rights, the provider can prohibit further usage. An advance warning is not required. In the case that usage is prohibited, the purchaser must cease usage and immediately destroy all duplicates created from the product.

7. Data Usage

Many services contain proprietary information and materials which are the property of United Planet and/or its licensers and protected by commercial property rights or other laws, including copyright. The contractual partner may only use the proprietary information and materials in connection with use of the Service and only in accordance with the conditions of this agreement. The services may not be reproduced in part or in full, regardless of in which form and in which manner, unless permitted by law, by the application provider or by the relevant third party. The contractual partner shall not alter, rent, lease, loan, sell or distribute the product or create objects based on the product unless permitted by law or by the application provider or the relevant third party, and the contractual partner is not authorised to use these services in an improper manner, either through unauthorised access or through excessive burdening of network capacities. The contractual partner shall not use the services in any way to harass, persecute, threaten or defame anyone or to violate the rights of a third party in any way. The contractual partner accepts that the application provider is in no case responsible for any such actions on the part of the contractual partner, nor is the application provider responsible for messages which may be received as a result of using the services and which harass, threaten, defame or are unlawful.

Further, services and content from third parties which are either displayed or linked to in the internet browser or which can be accessed using the internet browser may not be available in all languages and in all countries. The application provider does not guarantee that such services and content are suitable or available for use at a specific location. The use of such services or content is on the contractual partner's own accord, and he or she is solely responsible for compliance with the applicable legal provisions, in particular local laws. The application provider and his or her licenser retain the right to alter, temporarily revoke, remove or block access to the services at any time and without advance warning. In this event, the application provider assumes no liability for the removal or blocking of access to said services. The application provider is entitled to limit usage of or access to certain services at any time and without advance notice, and with no liability.

The application provider shall exercise due diligence regarding the licensed products and services which are created or provided by the licensed application. The application provider makes no further assurances or guarantees.

8. Warranty

(1) Defects in the delivered software (material defects and defects of title) including any accompanying documents shall be rectified by the supplier upon notification by the user during the liability for defects period of one year from delivery. The supplier may choose to repair the defect (rectification) or to deliver a non-defective product (replacement).

(2) For all other cases, statutory warranty provisions apply.

9. Liability of the Software Provider

(a) The purchaser's claims to compensation for damages or losses incurred are prescribed by the following clauses, regardless of the legal nature of the claim.

(b) For damages arising from death, bodily injury or damage to health, the relevant legal provisions apply.

(c) For all other liability claims, the software provider assumes liability without limitation in cases of absence of a guaranteed quality, as well as cases of intent and gross negligence, also on the part of his legal representatives and management. The software provider assumes the liability of other vicarious agents only to the extent described in paragraph (4) of this liability clause regarding liability for slight negligence.

(d) For slight negligence, the software provider assumes liability only in case of violation of an obligation which has special importance for fulfillment of the contract (cardinal duty). In the case that the cardinal duty is violated, liability is limited to such damages whose possible occurrence must typically be accounted for in the scope of software licensing.

(e) For the loss of data, the software provider is liable according to the preceding paragraphs only if such a loss of data could not have been avoided by appropriate measures to back up the data on the part of the purchaser.

(f) The preceding provisions also apply for the benefit of employees of the software provider.

(g) Liability according to the German Product Liability Act (section 14 ProdHG) remains unaffected.

(h) Insofar as the product allows redirection to databases, websites, services, etc. of a third party, e.g. through the creation of links of hyperlinks, the software provider assumes neither liability for the accessibility, existence or security of the databases or services, nor for the contents of the same. In particular, the software provider assumes no liability for their legality, completeness, currency, accuracy of their content, etc. The software provider assumes no responsibility for third party content which the purchaser may encounter while using the Service and which he or she may find offensive, inappropriate or objectionable. This applies regardless of whether the contents are appropriately identified as such; in this regard the purchaser uses the Service at his or her own responsibility.

10. Duty to Examine the Product and Report Defects

(1) The purchaser shall examine the delivered product within eight working days after delivery, especially regarding the functionality of basic program functions. Defects that are identified or could reasonably be identified must be reported to the software provider by registered mail within a further 8 working days. The notification of defects must contain a description of the defects which is as detailed as possible.

(2) Defects which cannot be identified by a properly conducted examination as described previously must be reported within eight working days from their discovery under compliance with the requirements for reporting defects as detailed in paragraph 1.

(3) In the case of a violation of the duty to examine and report defects, the product is considered to be accepted as is regarding the defect in question.

IV. Joint Terms and Conditions

1. Choice of Law

The parties agree to apply the law of the Federal Republic of Germany to all legal relations arising from this contractual relationship to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

2. Jurisdiction

Provided the purchaser is a registered merchant in accordance with the German Commercial Code, a legal person under public law or a special asset under public law, the jurisdiction for all disagreements which arise during the execution of this contractual relationship is agreed to be Freiburg im Breisgau, Germany.

3. Offsetting

The parties can only offset outstanding accounts which are established as legally binding or undisputed.

4. Severability Clause

If individual provisions of this contract are or become fully or partially invalid, this does not affect the validity of the other provisions. The parties hereby agree that in such an event, the invalid provision shall be replaced by a valid provision which comes as close as possible to the commercial purpose of the invalid provision. The same applies for possible omissions in this agreement.

V. Annex

United Planet declares the following regarding the purchase of products via the Service:

1.

The language for the conclusion of the contract is exclusively German.

2.

For important features of the products purchased via the Service, or for the validity period of limited offers, please see the individual product descriptions in the Service.

3.

Possible errors in data entered while submitting an order can be recognised by the purchaser during the final confirmation before checkout and corrected at any time before submitting using the change and delete function.

4.

We are not subject to any special codes of conduct not mentioned above.

5.

For all other concerns, we refer to the terms of use provided above.

United Planet GmbH, (German Commercial Registry 5842, Local court Freiburg), Schnewlinstr. 2, 79098 Freiburg, Germany, represented by the Managing Director, sales tax ID: DE 197983104 (section 27a German Sales Tax Act).

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Über United Planet
© 2019 United Planet GmbH
Schnewlinstraße 2
79098 Freiburg Germany


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